- DESCRIPTION OF WEBSITE; ELIGIBILITY
- Description of Website. Our website grants you the ability to communicate with VVCDC and make donations to our charitable endeavors that improve the community.
- By using the website, you are telling us that you are 13 years of age or older and your use of the website does not violate applicable laws or regulations.
- MODFICATIONS TO TERMS
2.2 Your Obligation to Stay Current. It is critical that you keep your email contact information correct and updated with us at all times. In addition, we encourage you to check back regularly to review these Terms at least once every thirty days.
- MODIFICATIONS TO SERVICE. We reserve the right to modify or discontinue,
and restrict or block access to, the Website without notice to you. We may modify or remove any Content from the Website at any time without notice to you.
- POSTING CONTENT ON THE WEBSITE; REPRESENTATIONS AND WARRANTIES
4.1 Content protected by Intellectual Property Rights. Any content available through the website, including text, video, audio, pictures, graphics, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of VVCDC or its licensors.
4.2 Your Warranties Regarding Your Content. By displaying or publishing (“posting”) any of your own Content on the Website, you warrant and represent that:
- you own all rights in your Content or, alternatively, you have sufficient rights in your Content to grant VVCDC the rights described in these Terms;
- you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content;
- you are the individual pictured, depicted, and/or heard in your Content or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen (18) ) who appears and/or is heard in your Content to grant the rights to VVCDC described in these Terms; and
- your Content is not defamatory, does not infringe the Intellectual Property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
- OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS
5.1 Ownership of Your Content. You retain ownership of your rights in any Content you post to the Website, subject to the non-exclusive rights that you grant to us as described in these Terms. This paragraph applies only to the content that you enter while using the Website.
5.2 Your License to VVCDC. You hereby grant VVCDC a worldwide, royalty-free, freely transferable, freely licensable sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), advertise in, on, and around, and create derivative works of the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. We may (but are not obligated to) display your Content, including your username and your actual name (according to the preferences you select).
5.3 Your Right to Terminate the License. Your may remove or modify Content that you post on the Site. If, prior to such removal or modification, VVCDC has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such Content (e.g., in advertising, promotion or otherwise), then VVCDC has a limited right to continue to distribute those materials. If you want VVCDC to stop distributing the materials, simply send us written notice to stop distributing such materials, in which event we will stop distributing the materials within thirty (30) days. Your notice must be signed by you, include your telephone number and email address, and be sent by first class mail, postage prepaid, to Vermont Village Community Development Corporation 7901 South Vermont Avenue Los Angeles, CA 90044, Attn: Copyright Agent. In addition, the notice must clearly identify the Content at issue, describe the specific use of the Content you wish to end, and contain statements that you own or have an exclusive right to the Content and that all the information in the notice is true and correct. The thirty-day period for VVCDC to stop distributing your Content begins only once VVCDC has received a notice complying with the requirements of this Section 5.2.
- PROHIBITED CONTENT. While using the Website, you must not post any Content that, as reasonably determined by VVCDC, is or appears to be:
(a) untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
(b) infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement;
(c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
(d) unsolicited, undisclosed or unauthorized advertising;
(e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
(g) in violation of any applicable local, state, national or international law (including export laws).
- PROHIBITED CONDUCT; LIQUIDATED DAMAGES FOR SPAM
7.1 Prohibited Conduct. You must not do, or attempt to do, any of the following, as reasonably determined by VVCDC, subject to applicable law:
- access or use the Website in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
- access, tamper with, or use services or areas of the Website that you are not authorized to access;
- alter information on or obtained from the Website;
- tamper with postings, registration information, profiles, submissions or Content belonging to VVCDC or other users of VVCDC;
- Use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
- frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by VVCDC;
- impersonate or misrepresent your affiliation with any person or entity;
- reverse engineer any licensed software, application, games or any other aspect of the Website or do anything that might discover source code, or bypass circumvent measures employed to prevent or limit access to any area, content or code of the Website;
- send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Website or any recipient; or
- take any action which imposes a significant burden (as determined by us) on the Website’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Website.
7.2 Liquidated Damages. IF YOU SEND UNSOLICITED COMMERCIAL ELECTRONIC MAIL (“EMAIL”) OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED EMAIL OR OTHER COMMUNICATION”) THROUGH THE WEBSITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO VVCDC, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
- MONITORING OF SERVICE CONTENT; RESOLUTION OF DISPUTES
8.1 No Duty to Monitor. We are under no obligation to restrict or monitor Website Content in any way. VVCDC DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. However, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of VVCDC. VVCDC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Website.
8.2 Arbitration and Dispute Resolution Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
(a) Initial Dispute Resolution. We are available by phone at 323 758-3777 X 4175 or email at email@example.com to address any concerns you may have regarding your use of the Website. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
(b) Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section 9.3(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATION FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
(c) Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in section 8.2(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(d) Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction.
(e) 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in sections 8.2(b), 8.2(c), and 8.2(d) by sending written notice of your decision to opt-out to the following address: 7901 South Vermont Ave, L.A. Ca. 90044 or by fax to 323 751-2452. The notice must be sent within thirty (30) days of registering to use the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, they also will not bind us.
(f) Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in section 8.2(b) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive litigation in Los Angeles, California for any litigation other than small claims court actions.
- PROTECTION OF CONTENT
- License by VVCDC to You. You must respect the intellectual property laws
protecting our Website. VVCDC grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights VVCDC has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
Various technologies may not be consistent across all platforms and the performance and some features offered by VVCDC may vary depending on your computer, cellular phone, or electronic device that you use.
(c) Reservation of Rights. On its own behalf and the behalf of its licensors, VVCDC reserves all rights in the Content, including the Software, not expressly granted in this section 10. VVCDC does not in any way grant any other rights to you. Except as expressly stated in this Section 10, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any Software, without prior written consent from VVCDC or other third-party owner of the rights in that Content (if any).
- TERMINATION OR CANCELLATION
- Right to Terminate. We may, at any time, without notice to you, terminate your access to the Website if we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of VVCDC, our users, or any other person.
- Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
- DEALING WITH MERCHANTS; LINKS
(b) Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Website, including “click to purchase,” “co-registration,” and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
- You agree to hold VVCDC, and its subsidiaries, affiliates,
officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorney’s fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the games, software, and other aspects of the Website and the Content; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; (iii) any dispute you have with any user of the Website and any dispute you have related to any merchant or advertising found on or through the Website; (iv) VVCDC’s resolution (if any) of any dispute you have with any user of the Website; (v) your improper authorization for VVCDC to collect, use or disclose any Content provided by you; and (vi) any disclosures made with your permission.
- DISCLAIMER OF WARRANTIES. VVCDC PROVIDES THE WEBSITE “AS
IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, VVCDC MAKES NO REPRESENATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, OR CONTENT INCLUDED IN THE WEBSITE. VVCDC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VVCDC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT WEBSITELY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU PROVIDE TO OR USE ON THE WEBSITE. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
- EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY. LIMITATION
OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILTIY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOUR TO US.
- COPYRIGHT INFRINGEMENT/DMCA. VVCDC respects the intellectual
property rights of others and requests that users of the Website do the same. If you believe that your work is being used on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit VVCDC to locate the material (for example, by providing a URL to the material);
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement can be reached at:
VVCDC Copyright Agent 7901 South Vermont Avenue Los Angeles, CA 90044 (323) 758-3777 X 4175 (323) email firstname.lastname@example.org
- CUSTOMER SUPPORT. We have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion.
- NOTICES AND CONTACT INFORMATION. Except as otherwise provided in these Terms, VVCDC will give you any notices by posting them on the Site. Since notice of any material change to the Terms will be posted to the Site for at least thirty (30) days, we encourage you to visit the Site at least that often. You also authorize VVCDC to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to the email address that we have on record for you. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by VVCDC via electronic mail, whether or not received by you. VVCDC may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by VVCDC to the address that you have most recently provided is effective notice. With the exception of notices related to removal of licensed material and to copyright infringement as described in Sections 5 and 17 above, respectively, you must send us any notice by mailing it to our address for Legal Notices which is: VVCDC 7901 S. Vermont Avenue Los Angeles, CA 90044, U.S.A., Attn: Legal Department.
- ADDITIONAL TERMS
- Agreement to Conduct Transactions Electronically. All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
- Compliance with Laws. You are responsible for compliance with applicable local laws. Access to the Website’s Content by certain persons or in certain countries may not be legal.
- No Agency; No Third Party Beneficiary. These terms do not create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
- If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
- These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of VVCDC. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of VVCDC will be null and void. VVCDC has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
- Jurisdiction; Choice of Law; Export Limitations. This Website is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Website from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Website in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and VVCDC submit to exclusive personal jurisdiction and venue of the state and federal courts located within Los Angeles County, California. See sole exception in section 8.2(d).
- Limitations on Actions. Any action concerning any dispute with respect to the Website must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
- The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.
- No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
If you have a complaint, you may contact us at VVCDC Legal Department, 7901 S. Vermont Avenue Los Angeles, CA 90044. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
YOU MAY VIOLATE FEDERAL LAW IF YOU: (1) INITIATE THE TRANSMISSION TO VVCDC COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE COPYRIGHT OWNERSHIP: © Vermont Village Community Development Corporation U.S.A. All rights reserved.